The Portland daily press., 1887-10-07
Foreign Notes.
the LAW IN PENoBscoT.
An Interesting Letter from Governor
BodwelI TO Sheriff Brown.

On the 18th Of last July Governor Bodwell
sent the following letter TO G. NJ. Brown,
Sheriff Of Pen0bscOt county;
STATE or MANE.
EXECUTIVE DEPARTMENT, y
AUGUSTA, July rs, 1887.
Sir,-The people Of Maine are fully committed
70 rigid and impartial enforcement OF the laws
against tipping shops and drinking houses, and
as sne initial proceedings against all offenders In
your county rests, In great measure, with you
ana your deputies, would most respectfully in
ylte your attention TO section so, chapter 27 Re
vised Statutes, touching your duties in these
pIiclt and mandatory Let this law be as tber. or
ougnly enforced as all others. Can not, there
,ors Ssy upon y3q 70 inalgurate such measures
illegal sale Of intoxicating liquors In your county?
shall regard IL as great favor II you viii advise
make In this matter.
The Governor received the following reply
from the Sheriff:
BANGOR, July 21. 1887.
Hon. Joseph r. Bodleeu, Governor Of Matae.
Dear Sir,--Yours Of the 18th inst. is before me
and contents noted. have endeavored since
required OF me as sheriff. and in the fi,sure /
shall continue to do my duty according 10 NV best
about the special subject alluded TO In your letter
In this section.
Yours very respectfully,
G.. w. Brown
Sheriff OF Penobseot County.
He at once replied to Sheriff Brown as fol-
lows, and this communication remains un-
answered:
g. w. Broscn Esq, sheriff of Penobscot Coe,,st1r
Dear slr-In reply 10 a Communication ad-
dressed TO you concerning the proper enforcement
liquors, aletter Of the following tenor has been
received from you, viz: Il have endeaVOred
since assuming my present position, to enforce all
shall continue to do my duty according 10 my best
Judgment. am not aware Of any complaint
about the special subject alluded 10 IN YOUR ivtter
In this section.' 1t Is provided In Secfion az
Chapter "a ot the Revised Statutes OF this Stare
that 'Sherids and their deputies shall diligently
within their respective counties, and Institute
proceedings against violation or supposed viola
gal sale Of Intoxicating liquors, either by prompt
ly entering complaint before magistrate and
executing the warrant issued thereon, or by fur
out delay, with the names ol alleged Offenders
and OF the Witnesses" This explicit csmmand
laid upon sherins by the legislature has, OF course
removed all doubt from YOUR mind that the en-.
foreement OF the prohlbitory law OF Maine
Is something specially required Of you as
asserting In effect, that you have diligently and
faithfully Inquired" Into the violation u this law
In your.county and that you desire Il to be infer
red from the absence OF complaint relating thereto
either that NO person Is violating the law or that
an Offenders are 50 vigorously prosecuted as 20
leave no ground for complaint. hut II such "dill-
gent and faithful inquiry ON your part has failed
TO secure evidenc tbt-t intoxicating liquors are
openly sold IN numerous places In bangor In viO-
iatlon of law, and that wholesale and retail
liquor dealers publicly advertise their trafic m
the prominent squares Of that city, have In my
possession some printed circulars and other evil
dence which might be valuable, on at least inter.
esting Tor you To possess H. ON the contrary
sueh inquiry on your part has resulted In obtain
ing this evidence, and the State has received no
dement, from IL at your hands, the inference IS
plain that when you say you will do your duty ac-
cording TO your "best Judgment" you mean that
II Is your best Judgment not TO enforce the law
az all, so long as there Is mo complaint" and un-
less the local sentiment aggressively demands IL.
It ought 70 be unnecessary 70 remind you that no
such latitude OF discretion Is given you either by
your oath OF ONCE or BY the statutes Of the State
The wisdom and propriety OF this law has been
passed upon by the Legislature and the people Of
this State. Its enforcement has been impress
slvey enloined BY the Legislature, and Is unqnes-
ETY.; and while the discretion OF the ofhcer must
be exercised with respect TO the means and meth
DDS OF obtaining evidence 10 insure conviction,
the question whether this law shall be enforced at
all or not, has never been submitted to the "best
Judgment" Of sheriffs and their deputies.
Very Respectfully
Application was made to the Governor and
Council by more than thirty citizens OF Ban
gOr, the number required by the statutes,
asking Tor the appointment Of special con-
stables Tor PenObscot county. The petition
was referred to the Council and no action
taken thereon. At the next meeting Of the
Governor and COucil October 25th, notice for
apuolic hearing upon this question win be
given, time appointed for the hearing, In
order that all interested may be present. and
whether eonstables will be appointed or not
will demand uno, fha otytdanna g,r..iahna